2007-004City of Encinitas
PLANNING & BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD 2007-04
January 23, 2007
This letter is to inform you that the Planning & Building Director has approved your application
for:
06-210 BA/CDP (Baumgardner/Weber) - A request to allow a boundary adjustment
between two (2) existing, legal lots. The subject properties are located at 305 Hillcrest
Drive in the R-8 (Residential 8) zone and within the Coastal Zone. (APN 216-082-26 & -
27)
Project Description and Discussion: The applicant proposes a boundary adjustment between
two (2) existing, legal lots. The adjustment will realign an interior boundary between the two (2)
subject lots. Section 30.16.010A prescribes a minimum lot area of 5,400 square feet and
minimum lot dimensions of 60 feet in width and 90 feet in depth for the subject R-8 zone. The
proposed lots resulting from the boundary adjustment comply with the required standards for lot
area and dimensions. The proposed property line would cross two (2) existing outbuildings
which would be removed prior to recordation of the certificate of compliance. The remaining
existing structures on the subject property will comply with required setbacks, floor area ratio
(FAR) and. lot coverage after completion of the boundary adjustment. To ensure proper
emergency vehicle access, the applicants will be required to record an easement for emergency
vehicle turn-around as shown on the boundary adjustment plat. The adjusted property line will
not affect any other property or public or private easement or right-of-way. All owners of the
subject properties have authorized and signed the application. This adjustment will be completed
with the recordation of a certificate of compliance to be prepared by the City of Encinitas.
A standard public notification, which allowed for a 10-day comment and review period, was
issued for the project. Staff received two (2) letters and several phone calls during review of the
subject application. The correspondents and callers expressed concern that the proposed
boundary adjustment would affect their properties or easements. As noted above, all owners of
property affected by the proposed boundary adjustment have consented to the adjustment and the
boundary change would not affect any other property or public or private easement or right-of-
way.
This approval is based on the following findings:
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FINDINGS FOR A LOT LINE ADJUSTMENT
STANDARD: Section 24.70.060 of the Municipal Code provides the application to adjust a
lot line shall be approved unless the parcels resulting from the adjustment will:
1. Create a condition which does not comply with zoning and development regulation. All
parcels resulting from a lot line adjustment shall comply with minimum City
requirements for lot size, dimensions, access, parking and circulation, and all other
applicable development standards established through the zoning and development code.
The lot line adjustment shall also be found to promote available design standards and
guidelines as established through the zoning and development code. The lots resulting
from a lot line adjustment and existing and/or potential development on those lots shall
be found to be within limitations for lot density. and intensity of development and use as
established through the zoning and development code.
Facts/Discussion: The applicant proposes to adjust common lot lines between two (2)
existing, legal lots. The subject R-8 zone requires a minimum lot area of 5,400 square
feet and minimum lot dimensions of 60 feet in width and 90 feet in depth. The subject
lots will comply with the required standards after the proposed adjustment. Access,
parking, and circulation for the subject lots will be unaffected by the proposed
adjustment.
Conclusion: The Planning and Building Department finds that the proposed boundary
adjustment does not create a condition that does not comply with zoning and
development regulations and that all parcels of the proposed adjustment comply with the
Municipal Code requirements for lot size, dimensions, access, parking, and circulation,
and all other applicable development and design standards. The proposed density and use
of the project site complies with all applicable Municipal Code standards.
2. Create a condition which does not comply with building regulations.
Facts/Discussion: The existing residence on the subject property will comply with all
required setbacks from the adjusted property lines and existing outbuildings that would be
crossed by the proposed property line would be removed.
Conclusion: The Planning and Building Department finds that no aspect of the adjustment
will result in a condition that does not comply with building regulations.
3. Materially, adversely affect an agreement for the security for the construction of public
improvements.
Facts/Discussion: The proposed boundary adjustment is not adjacent to any proposed
public improvements.
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Conclusion: The Planning and Building Department finds that the adjustment will not
materially or adversely affect any agreement for the construction of public improvements.
4. Extends beyond the City limit boundary.
Facts/Discussion: The subject properties are wholly within the City boundaries.
Conclusion: The Planning and Building Department finds that the proposed adjustment
does not extend beyond the City boundaries.
5. Requires substantial alteration of any existing improvement or creates a need for any new
improvement.
Facts/Discussion: Existing improvements on the subject lots will be unaffected by the
proposed boundary adjustment. Additionally, the proposed boundary adjustment does not
create a need for any new improvements.
Conclusion: The Planning and Building Department finds that the proposed adjustment
does not require any alteration of existing improvements or create the need for any new
improvements.
6. Adjusts the boundary line between lots that are subject to an agreement for public
improvements, unless the City Engineer finds that the proposed adjustment will not
materially affect such agreement for the security therefor.
Facts/Discussion: The boundary adjustment only affects interior property lines of the
subject lots. No agreement for public improvements will be affected by the proposed
adjustment.
Conclusion: The Planning and Building Department finds that the adjustment will not
affect a boundary line that may be subject to an agreement for public improvements.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development
permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
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3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The applicant proposes to adjust boundaries between two (2) legal lots. The
subject lots will conform to the lot size standards of the subject R-8 zone. The proposed
property line would cross two (2) existing outbuildings that will be removed prior to
recordation of the certificate of compliance. The remaining existing structures on the
subject properties will comply with required setbacks, lot coverage, and floor area ratio
after the adjustment.
Discussion: Related to finding No. 1, the proposed boundary adjustment complies with or
is conditioned to comply with the City's Local Coastal Program and the Municipal Code.
Related to finding No. 2, no potentially significant adverse impacts to the environment are
associated with the proposed adjustment, and the project is categorically exempt from
environmental review pursuant to Section 15305(a) of the California Environmental Quality
Act (CEQA) Guidelines. Finding. No. 3 is inapplicable since the project is not located
between the sea or other body of water and the nearest public road.
Conclusion: The Planning and Building Department finds that 1) the proposed boundary
adjustment is consistent with the certified Local Coastal Program of the City of Encinitas;
2) no potentially significant adverse impacts to the environment will result and the project is
categorically exempt from environmental review pursuant to Section 15305(a) of the
California Environmental Quality Act (CEQA) Guidelines; and 3) finding No. 3 is not
applicable to the project since the project site is not located between the sea or other body of
water and the nearest public road.
Environmental Review: The project is determined to be exempt from Environmental Review as
per Section 15305(a) of the California Environmental Quality Act Guidelines, which exempts lot
line adjustments from environmental review.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SCA This project is conditionally approved as set forth on the application materials, adjustment
plat and legal descriptions dated received by the City on October 30, 2006, all designated as
approved by the Planning & Building Director on January 23, 2007. Approved plans shall
not be altered without the express authorization of the Planning & Building Department.
SCB Prior to recordation of the certificate of compliance, an easement shall be recorded for
emergency vehicle access as shown on the approved boundary adjustment plat. The
applicant shall prepare for recordation a plat, legal description, and closure calculations for
the emergency vehicle access easement to the satisfaction of the Fire Department and
Planning and Building Department.
SCC Prior to recordation of the certificate of compliance, the existing outbuildings that would
cross the proposed property line shall be removed to the satisfaction of the Planning and
Building Department.
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Gl STANDARD CONDITIONS:
CONTACT THE PLANNING & BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
M1 This approval may be appealed to the City Council within 10 calendar days from the date of
this approval pursuant to Chapter 1.12 of the Municipal Code.
BAl Completion of this lot line adjustment shall require the recordation of a Certificate of
Compliance. A plat and new legal descriptions reflecting the adjusted parcels shall be
prepared to the satisfaction of the Planning & Building Department. Pursuant to Municipal
Code Section 24.70.110, a subdivision map of record reflecting the boundaries resulting
from this action may serve as a substitute for a Certificate of Compliance.
BA2 In accordance with Section 66412(d) of the California Subdivision Map Act, deeds
reflecting this lot line adjustment shall be recorded in the Office of the County Recorder.
Conformed copies of the deeds shall be presented to the Planning and Building Department
prior to the preparation of the Certificate of Compliance referenced in Condition BA1,
above.
BA3 This approval will expire in two years, on January 23, 2009 at 5:00 p.m., permitting time to
record a Certificate of Compliance, unless the conditions have been met or an extension has
been approved by the authorized agency.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
This notice constitutes a decision of the Planning and Building Department only. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
In accordance with the provisions of Municipal Code Section 1. 12, this decision may be appealed to
the City Council within ten (10) calendar days of the date of this determination. The appeal must
be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the tenth (10th) calendar
day following the date of this notice of decision. This decision may not be appealed to the
California Coastal Commission.
If you have any questions regarding this determination, please contact Kerry Kusiak at the Planning
& Building Department by telephoning (760) 633-2719.
146k Murphy
Planning & Building Director
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